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HTMLPredictive Coding Slowly Becoming a Game Changer
Rachael Lewis Anna; Nexsen Pruet, LLC;
Legal Alert/Article
January 19, 2015, previously published on December 18, 2014
In 2012, Magistrate Judge Andrew Peck of the Southern District of New York approved the use of predictive coding (also called “technology assisted review” or “TAR”) in Da Silva Moore v. Publicis Groupe to search for relevant information. Predictive coding enables attorneys...

 

HTMLCiting Inconsistent Implementation, Federal Insurance Office Contemplates Pre-Emption of State Reinsurance Collateral Requirements
Colodny Fass P.A.;
Legal Alert/Article
January 16, 2015, previously published on January 06, 2015
Lloyd’s, the Association of Bermuda Insurers and Reinsurers, and the Property Casualty Insurers Association of America were among 30 domestic and international respondents to a Federal Insurance Office (FIO) 2014 request for comment on the scope of the global reinsurance market. The feedback...

 

HTMLWillful Misconduct: The Horseplay and Assault Exceptions to the Workers’ Compensation Act
Lauren D. Julian; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on July 2014
Jack and Jill are friendly coworkers who often chat and take breaks together. One day while working together, Jack animatedly tells Jill a story regarding an altercation he witnessed. In the course of the story telling, he demonstrates with a “friendly” shove to Jill’s shoulder....

 

HTMLLitigation Pitfalls: Failure to Preserve Evidence in Your “Control.”
Lisa Richardson; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on May 2014
Spoliation of evidence is the destruction or failure to preserve evidence within the possession, custody or control of a party after that party anticipates litigation. A charge of spoliation is serious because it can lead to sanctions.

 

HTMLApportionment: The Court Clarifies the State of Contribution and Indemnity
Emily M. Shuman; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on May 2014
Since tort reform was enacted in 2005, the Georgia law on apportionment has continued to evolve. To some extent, the Courts have become more clear about whether contribution and indemnity still exist.

 

HTMLA Hard Rain’s A-Gonna Fall: Hail Damage, Appraisal, And Lam v. Allstate
J. Benson Ward; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on November 2014
The appraisal process provides a mechanism by which homeowners and insurance companies may quickly and relatively inexpensively resolve disputes concerning the amount of damages in a covered loss. The appraisal provision allows the value of covered damages to be objectively determined without risks...

 

HTMLFlorida Office of Insurance Regulation Reviews Market Status With Senate Banking and Insurance Committee Today
Colodny Fass P.A.;
Legal Alert/Article
January 16, 2015, previously published on January 06, 2015
Florida's Senate Committee on Banking and Insurance Committee ("Committee") met today, January 6, 2015, during which Florida Office of Insurance Regulation ("OIR") Deputy Chief of Staff Monte Stevens presented on the status of Florida's insurance market.

 

HTMLSurveillance, Swords, and Shields - Oh My
Hadley E. Hayes; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on March 2014
At the time of an incident it is often difficult to determine whether litigation will ensue. Even more difficult to determine is what documents, reports, and other evidentiary items may be relevant to that litigation. Proper evidence retention can not only be used to shield a defendant property...

 

HTMLTo Catch a Plaintiff: Production of Surveillance Evidence Prior to Trial
Whitney Lay; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on September 2014
The following is a common place scenario in a general liability claim. Plaintiff alleges personal injuries as a result of an accident on Defendant’s premises. Defendant hires an investigator to perform surveillance on Plaintiff. In discovery, Plaintiff requests any surveillance videos or...

 

HTMLFlorida Office of Insurance Regulation to Update Senators Today; Citizens, Florida Hurricane Catastrophe Fund on House Agenda Tomorrow
Colodny Fass P.A.;
Legal Alert/Article
January 16, 2015, previously published on January 06, 2015
Florida Office of Insurance Regulation ("OIR") officials are scheduled to review Florida's insurance market as part of the Florida Senate Committee on Banking and Insurance agenda today, January 6, 2014.

 


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